Carla Goncalves

The applicant sought judicial review of a decision by the Office of the Independent Police Review Director (OIPRD) not to refer his complaint against the Ottawa Police Service for investigation.

The applicant alleged a state-sanctioned conspiracy involving individuals in red cars and claimed the police failed to investigate and were complicit.

The OIPRD screened out the complaint under the Police Services Act, concluding it was not in the public interest to investigate given the broad allegations and passage of time.

The Divisional Court dismissed the application, finding the OIPRD's decision was reasonable and transparent.

Two police officers appealed their disciplinary convictions for Unlawful or Unnecessary Arrest and Discreditable Conduct, as well as the penalties imposed.

The officers had entered a residence without a warrant to investigate a noise complaint and arrested a youth who was recording them.

The Ontario Civilian Police Commission upheld the unlawful arrest convictions, finding no hot pursuit justified the warrantless entry.

However, the Commission overturned the discreditable conduct conviction against one officer, finding the hearing officer failed to apply the objective reasonable person test to her use of mild profanity.

The penalties were varied from forfeiture of hours to reprimands and training to align with similar cases.

The applicant filed human rights applications against the Windsor Police Service and the Office of the Independent Police Review Director, alleging discrimination on the basis of perceived disability, association, and reprisal.

The applicant claimed the Windsor police refused to criminally charge a lawyer and misdirected him, and that the OIPRD improperly closed his subsequent complaint, because they perceived him to have schizophrenia.

The Tribunal held a summary hearing and dismissed both applications, finding no reasonable prospect of success as the applicant could point to no evidence linking the respondents' actions to a protected Code ground or establishing an intention to reprise.